1 7 The person is convicted of only one criminal act by OAgU85U


									                                                                  HOUSE BILL 119

Unofficial Copy                                                                           1997 Regular Session
E2                                                                                              7lr0083

By: Delegates Hutchins and Vallario
Introduced and read first time: January 9, 1997
Assigned to: Judiciary

                                                                 A BILL ENTITLED

 1 AN ACT concerning

 2 Criminal Records - Acquittal by Verdict of Not Criminally Responsible - Prohibited
 3                 Expungement

 4 FOR the purpose of prohibiting the expungement of a criminal record if the acquittal was
 5         on the grounds of a verdict of not criminally responsible; making stylistic changes;
 6         and generally relating to the expungement of criminal records.

  7 BY repealing and reenacting, with amendments,
  8         Article 27 - Crimes and Punishments
  9         Section 737(a) and (d)
 10         Annotated Code of Maryland
 11         (1996 Replacement Volume)

 13 MARYLAND, That the Laws of Maryland read as follows:

 14           Article 27 - Crimes and Punishments

 15 737.

 16          (a) A person charged with the commission of a crime may file a petition setting
 17 forth the relevant facts and requesting expungement of the police records, court records,
 18 and other records maintained by the State of Maryland and its subdivisions, pertaining to
 19 the charge if:

 20            (1) The person is acquitted, UNLESS THE ACQUITTAL WAS ON THE

 22                  (2) The charge is otherwise dismissed or quashed[,];

 23                  (3) A judgment of probation before judgment is entered[,];

 24                  (4) A nolle prosequi is entered[,];

 25                  (5) The proceeding is placed on the stet docket[,];

 26                  (6) The case is compromised pursuant to Article 27, § 766 of this Code[,];
                                                                      HOUSE BILL 119


    1                   (7) The person is convicted of only one criminal act, which is not a crime of
    2 violence, and is subsequently granted a full and unconditional pardon by the
    3 Governor[,]; or

    4                    (8) The charge was transferred to juvenile court jurisdiction under § 594A of
    5 this article.

    6           (d) (1) Except as provided in paragraph (2) of this subsection, a petition for
    7 expungement based on the following dispositions may not be filed earlier than 3 years
    8 after the date of the disposition:

    9                            (i) An acquittal;

    10                           (ii) A nolle prosequi; or

    11                           (iii) A dismissal or quashing of a charge.

    12                     (2) (i) A petition for expungement based on the dispositions described in
    13   paragraph (1) of this subsection may be filed earlier than 3 years after the date of the
    14   disposition if the person files with the petition a written general waiver and release, in
    15   proper legal form, of all claims the person may have against any person for tortious
    16   conduct arising from the charge.

    17                           (ii) Notwithstanding the provisions of PARAGRAPH (1) OF THIS
    18 SUBSECTION AND subparagraph (i) of this paragraph, a [petition for expungement may
    19 not be filed earlier than 3 years after acquittal] RECORD MAY NOT BE EXPUNGED if the
    20 acquittal was on the grounds of a verdict of not criminally responsible.

    21         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
    22 October 1, 1997.

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